The Punjab and Haryana High Court has directed the constitution of a committee for a comprehensive re-examination of the Punjab Government’s Transfer Policy, 2019, for teachers after the Secretary, Department of School Education, “fairly” admitted before the Court that the policy required such an exercise.Justice Kuldeep Tiwari directed the Secretary to constitute the committee to re-examine the policy “in all aspects”, including the issues brought before the Court, with a view to rectify the anomalies and ensure complete transparency within three months.The Bench made it clear that the exercise must leave “no discretionary powers with the authorities concerned to be exercised arbitrarily”.The directions by Justice Tiwari came while disposing of 26 connected writ petitions challenging transfer orders, non-issuance of transfer orders, instances of teachers not being relieved despite transfers, and non-display of vacant posts on the department’s official website.The Court took up the petitions together as they essentially involved grievances arising from the 2019 Transfer Policy.“Having heard counsel for the petitioners, and upon a thorough scrutiny of the petitions, this Court has no hesitation to take a strong reservation that the policy in question not only suffers from defects but is also fraught with loopholes, which empower the administration with unchecked discretion to transfer the employees. Such unfettered discretion, which results in arbitrariness has constrained a large number of employees to approach the Court by filing these for petitions for redressal of grievance founded on the same grounds,” Justice Tiwari observed.The Court’s intervention followed its earlier finding that the State was unable to answer its queries about the policy. Taking up the matter, Justice Tiwari on the previous date of hearing summoned the Secretary after observing: “Prima facie, this Court is of the view that the Transfer Policy, 2019, is absolutely vague.”As the matter came up for resumed hearing, Secretary Sonali Giri appeared before the court and “fairly” admitted that the policy required comprehensive re-examination. “Further, she fairly submits that, in fact, the policy ought to be devised to address all such issues which may possibly invite the attention of the State Government,” the Bench observed.Referring to the “conceded position” and taking into account the “far-reaching consequences a large number of employees across the State may face”, Justice Tiwari at the current stage “deemed it appropriate to refrain from adjudicating the matter on merits enabling the authorities concerned to set right the anomalies”.Before parting with the order, Justice Tiwari also directed the Secretary to constitute a separate committee within two weeks, which after hearing all stakeholders, including the petitioners, would pass a speaking order with regard to every petitioner, addressing his or her grievance within eight weeks.In one of the matters, the petitioner’s counsel had referred to the points earned by the teacher during the general transfers for 2025 under the policy. The counsel submitted that there was only a marginal increase in the petitioner’s points as compared with the general transfers for 2021.The counsel had further submitted that every teacher earned one point for each year of service, up to a maximum length of service of 35 years. However, there was no transparency regarding the manner in which these points were being awarded to candidates.It was also submitted that the points earned by teachers were not uploaded on the official website. This, according to the petitioner, deprived candidates of an opportunity to raise objections if points had been incorrectly awarded.The petitioner’s counsel had further argued that the procedure adopted under the transfer policy had consequently become “totally opaque”.


